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10 Missouri opinions name it 2 courts 1998–2024 1 in the last five years
The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re Estate of Goldenberggreen2 sentences2024However, “[t]he statute is not intended as a device to test general fiduciary conduct, improper administration of the estate, or general disputes [among] heirs.” Ryan v. Spiegelhalter, 64 S.W.3d 302, 305 (Mo. banc 2002) (quoting In re Goldberg’s Est., 601 S.W.2d 637, 639 (Mo. App. E.D. 1980). 2008Civil Rules of Practice sec. 52.01-2); see Kemp v. Balboa, 959 S.W.2d 116, 118 (Mo.App.1997). 8 ."In a discovery of assets proceeding, the court’s role is to determine whether specific property has been adversely withheld or claimed.” Ryan v. Spiegelhalter, 64 S.W.3d 302, 305 (Mo. banc 2002). " 'The statute is not intended as a device to test general fiduciary conduct, improper administration of the estate, or general disputes among heirs.' ” Id. (quoting In re Goldenberg's Estate, 601 S.W.2d 637, 639 (Mo.App.1980)). '“A discovery of assets action, as its name implies, is a search for assets.’ | 6 | 8 |
Beverly Sue Ryan, P.A. v. Spiegelhaltergreen2 sentences2024However, “[t]he statute is not intended as a device to test general fiduciary conduct, improper administration of the estate, or general disputes [among] heirs.” Ryan v. Spiegelhalter, 64 S.W.3d 302, 305 (Mo. banc 2002) (quoting In re Goldberg’s Est., 601 S.W.2d 637, 639 (Mo. App. E.D. 1980). 2008Civil Rules of Practice sec. 52.01-2); see Kemp v. Balboa, 959 S.W.2d 116, 118 (Mo.App.1997). 8 ."In a discovery of assets proceeding, the court’s role is to determine whether specific property has been adversely withheld or claimed.” Ryan v. Spiegelhalter, 64 S.W.3d 302, 305 (Mo. banc 2002). " 'The statute is not intended as a device to test general fiduciary conduct, improper administration of the estate, or general disputes among heirs.' ” Id. (quoting In re Goldenberg's Estate, 601 S.W.2d 637, 639 (Mo.App.1980)). '“A discovery of assets action, as its name implies, is a search for assets.’ | 4 | 4 |
STATE, EX REL. KNIGHT v. Harmangreen2 sentences2008Knight v. Harman, 961 S.W.2d 951, 954 (Mo.App.1998)). 9 . 2002Knight v. Harman, 961 S.W.2d 951, 954 (Mo.App.1998)). | 2 | 2 |
Matter of Estate of Woodrumgreen2 sentences2000E.D.1980), nor does it provide a forum for the probate court “to try an action for breach of contract.” Estate of Woodrum, 859 S.W.2d 259, 262 (Mo.App. 1998Also, in In the Matter of the Estate of Woodrum, the court found that a claim to recover on a surety bond covering a discharged conservator was an action for breach of contract and, as such, the probate division of the circuit court “does not have the authority to try an action for breach of contract.” 859 S.W.2d 259 , 262 (Mo.App.1993). 5 The petition for discovery of assets does not allege, with regard to Abele, that he “claims an interest in property which is claimed to be an asset of the estate,” nor does it request the “determination of the title, or right to possession thereof’ of proper | 1 | 2 |
Kemp v. Balboagreen1 sentence2008Civil Rules of Practice sec. 52.01-2); see Kemp v. Balboa, 959 S.W.2d 116, 118 (Mo.App.1997). 8 ."In a discovery of assets proceeding, the court’s role is to determine whether specific property has been adversely withheld or claimed.” Ryan v. Spiegelhalter, 64 S.W.3d 302, 305 (Mo. banc 2002). " 'The statute is not intended as a device to test general fiduciary conduct, improper administration of the estate, or general disputes among heirs.' ” Id. (quoting In re Goldenberg's Estate, 601 S.W.2d 637, 639 (Mo.App.1980)). '“A discovery of assets action, as its name implies, is a search for assets.’ | 1 | 1 |
Estate of Williams v. Williamsgreen1 sentence2002“In a discovery of assets proceeding, the court’s role is to determine whether specific property has been adversely withheld or claimed.” Ryan, 64 S.W.3d at 305 ; see Estate of Williams, 12 S.W.3d at 305 . “ ‘The statute is not intended as a device to test general fiduciary conduct, improper administration of the estate, or general disputes among heirs.’ ” Ryan, 64 S.W.3d at 305 (quoting Estate of Goldenberg, 601 S.W.2d 637, 639 (Mo.App.1980)). “ ‘A discovery of assets action, as its name implies, is a search for assets.’ ” Id. (quoting State ex rel. | 1 | 1 |
United States v. Turkgreen1 sentence1998United States v. Turk, 526 F.2d 654, 658 (5th Cir.1976). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ryan Ex Rel. Estate of Reece v. Reece
green
1 sentence2001A petition for discovery of assets is “not intended as a device to test general fiduciary conduct, improper administration of the estate, or general disputes between hems.” Reece, 31 S.W.3d at 87 (quoting In re Goldenberg’s Estate, 601 S.W.2d 637, 639 (Mo.App. | 1 | 2001–2001 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.